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=S=> BGB 1411. 1 A person whose capacity to contract is restricted may enter into a marriage contract only with the approval of his legal representative . This also applies to a person of full age placed under the care of a custodian to the extent that a reservation of consent has been ordered for this matter . Where the legal representative is a guardian , then in addition to the approval of the legal representative the approval of the family court is necessary if the equalisation of the accrued gains is excluded or restricted or if community of property is agreed or terminated ; if the legal representative is a custodian , the approval of the custodianship court is necessary . The legal representative may not enter into a marriage contract for a spouse with restricted capacity to contract or a person of full age placed under care who is capable of contracting . BGB 1411. 2 For a spouse who is incapable of contracting , the legal representative enters into the contract ; he may not agree on or terminate community of property . If the legal representative is a guardian , he may enter into the contract only with the approval of the family court ; if the legal representative is a custodian , the approval of the custodianship court is necessary .
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